Special Observances: Bahrain–U.S. Free Trade Agreement and Caribbean Basin Economic Recovery Act; Adjustments and Modifications (Proc. 8596), 68151-68165 [2010-28116]
Agencies
[Federal Register: November 4, 2010 (Volume 75, Number 213)]
[Presidential Documents]
[Page 68151-68165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no10-121]
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Part IV
The President
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Proclamation 8596--To Adjust the Rules of Origin Under the United
States-Bahrain Free Trade Agreement, Implement Modifications to the
Caribbean Basin Economic Recovery Act, and for Other Purposes
Proclamation 8597--National Adoption Month, 2010
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Proclamation 8596 of November 1, 2010
To Adjust the Rules of Origin Under the United
States-Bahrain Free Trade Agreement, Implement
Modifications to the Caribbean Basin Economic Recovery
Act, and for Other Purposes
By the President of the United States of America
A Proclamation
1. In Presidential Proclamation 8097 of December 29,
2006, pursuant to the authority provided in section
1206(a) of the Omnibus Trade and Competitiveness Act of
1988 (19 U.S.C. 3006(a)) (the ``1988 Act''), the
President modified the Harmonized Tariff Schedule of
the United States (HTS) to reflect amendments to the
International Convention on the Harmonized Commodity
Description and Coding System (the ``Convention'').
2. Presidential Proclamation 8039 of July 27, 2006,
implemented the United States-Bahrain Free Trade
Agreement (USBFTA) with respect to the United States
and, pursuant to section 101(a) of the United States-
Bahrain Free Trade Agreement Implementation Act (the
``USBFTA Implementation Act'') (Public Law 109-169, 119
Stat. 3581) (19 U.S.C. 3805 note), incorporated in the
HTS the schedule of duty reductions and rules of origin
necessary or appropriate to carry out the USBFTA.
3. In order to ensure the continuation of the staged
reductions in rates of duty for originating goods from
Bahrain in categories that were modified to conform to
the Convention, the President proclaimed in
Presidential Proclamation 8097 modifications to the HTS
that he determined were necessary or appropriate to
carry out the duty reductions proclaimed in
Proclamation 8039.
4. Bahrain is a party to the Convention. Because the
substance of changes to the Convention are reflected in
slightly differing form in the national tariff
schedules of the parties to the USBFTA, the rules of
origin set out in Annexes 3-A and 4-A of that Agreement
must be changed to ensure that the tariff and certain
other treatment accorded under the USBFTA to
originating goods will continue to be provided under
the tariff categories that were modified in
Proclamation 8097. The USBFTA parties have agreed to
make these changes in a protocol to the USBFTA, which
will go into effect on November 1, 2010.
5. Section 202 of the USBFTA Implementation Act
provides certain rules for determining whether a good
is an originating good for purposes of implementing
tariff treatment under the USBFTA. Section 202(j)(1)(A)
of the USBFTA Implementation Act authorizes the
President to proclaim the rules of origin set out in
the USBFTA and any subordinate categories necessary to
carry out the USBFTA, subject to certain exceptions set
out in section 202(j)(2)(A).
6. I have determined that modifications to the HTS
proclaimed pursuant to section 202 of the USBFTA
Implementation Act and section 1206(a) of the 1988 Act
are necessary or appropriate to ensure the continuation
of tariff and certain other treatment accorded
originating goods under tariff categories modified in
Proclamation 8097 and to carry out the duty reductions
proclaimed in Proclamation 8039.
[[Page 68154]]
7. Section 213A of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a) (CBERA), as amended by
the Haiti Economic Lift Program Act of 2010 (Public Law
111-171, 124 Stat. 1194) (19 U.S.C. 2701 note) (the
``HELP Act''), provides that preferential tariff
treatment may be provided for apparel and other
articles originating in Haiti that are imported
directly from Haiti or the Dominican Republic into the
customs territory of the United States.
8. In order to implement the tariff treatment provided
for under the CBERA, as amended, it is necessary to
modify the HTS.
9. Proclamation 7987 of February 28, 2006, implemented
the Dominican Republic-Central America-United States
Free Trade Agreement (CAFTA-DR). There was a technical
error in the form of an inadvertent omission from Annex
I of Publication 3829 of the United States
International Trade Commission (USITC) entitled
``Modifications to the Harmonized Tariff Schedule of
the United States to Implement the Dominican Republic-
Central America-United States Free Trade Agreement With
Respect to El Salvador,'' which was incorporated by
reference into Proclamation 7987.
10. I have determined that a technical correction to
general note 29 to the HTS is necessary to provide the
tariff and certain other treatment accorded under the
CAFTA-DR to originating goods.
11. In Proclamation 8097 two technical errors were made
in U.S. note 2 to subchapter XVII of chapter 98 of the
HTS as set forth in Annex I of Publication 3898 of the
USITC entitled ``Modifications to the Harmonized Tariff
Schedule of the United States Under Section 1206 of the
Omnibus Trade and Competitiveness Act of 1988,'' which
was incorporated by reference into Proclamation 8097.
12. I have determined that technical corrections to
U.S. note 2 to subchapter XVII of chapter 98 of the HTS
are necessary to provide the intended tariff treatment.
13. Proclamation 8405 of August 31, 2009, modified
certain rules of origin of the North American Free
Trade Agreement (NAFTA). Technical errors, including an
inadvertent omission, were made in the modifications to
general note 12 to the HTS as provided in Annex I of
Publication 4095 of the USITC entitled ``Modifications
to the Harmonized Tariff Schedule of the United States
to Adjust Rules of Origin Under the North American Free
Trade Agreement,'' which was incorporated by reference
into Proclamation 8405.
14. I have determined that technical corrections to
general note 12 to the HTS are necessary to provide the
tariff and certain other treatment accorded under the
NAFTA to originating goods.
15. Section 604 of the Trade Act of 1974, as amended
(the ``1974 Act'') (19 U.S.C. 2483), authorizes the
President to embody in the HTS the substance of the
provisions of that Act, and of other Acts, affecting
import treatment, and actions thereunder, including the
removal, modification, continuance, or imposition of
any rate of duty or other import restriction. Section
1206(c) of the 1988 Act, as amended (19 U.S.C.
3006(c)), provides that any modifications proclaimed by
the President under section 1206(a) of that Act may not
take effect before the thirtieth day after the date on
which the text of the proclamation is published in the
Federal Register.
NOW, THEREFORE, I, BARACK OBAMA, President of the
United States of America, by virtue of the authority
vested in me by the Constitution and the laws of the
United States of America, including but not limited to
section 1206(a) of the 1988 Act, section 202 of the
USBFTA Implementation Act, section 213A of CBERA, as
amended, and section 604 of the 1974 Act, do proclaim
that: (1) In order to reflect in the HTS the
modifications to the rules of origin under the USBFTA
once those modifications go into effect, general note
30 to the HTS is modified as provided in Annex I to
this proclamation.
[[Page 68155]]
(2) In order to implement the tariff treatment provided
for in section 213A of CBERA, as amended, the HTS is
modified as set forth in Annex II to this proclamation.
(3) In order to make the technical corrections to
general note 29 to the HTS, the HTS is modified as set
forth in paragraph 1 of Annex III to this proclamation.
(4) In order to make the technical corrections to U.S.
note 2 to subchapter XVII of chapter 98 of the HTS, the
HTS is modified as set forth in paragraph 2 of Annex
III to this proclamation.
(5) In order to make technical corrections to general
note 12 to the HTS, the HTS is modified as set forth in
paragraph 3 of Annex III to this proclamation.
(6) The modifications and technical rectifications to
the HTS set forth in Annex I to this proclamation shall
be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after
the later of (i) November 1, 2010, or (ii) the
thirtieth day after the date of publication of this
proclamation in the Federal Register.
(7) The modifications to the HTS set forth in Annexes
II and III to this proclamation shall be effective with
respect to articles entered, or withdrawn from
warehouse for consumption, on or after the dates
provided in those Annexes.
(8) Any provisions of previous proclamations and
Executive Orders that are inconsistent with the actions
taken in this proclamation are superseded to the extent
of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this
first day of November, in the year of our Lord two
thousand ten, and of the Independence of the United
States of America the two hundred and thirty-fifth.
(Presidential Sig.)
Billing code 3195-W1-P
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[FR Doc. 2010-28116
Filed 11-3-10; 11:15 am]
Billing code 7020-02-C
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